OpenLegislation

Rule 12.7 Determination of unopposed motions in writingF1I1

Scotland

(1)

The Clerk may determine any unopposed motion in writing other than a motion which seeks a final interlocutor.

(2)

Where the Clerk considers that such a motion should not be granted, the Clerk must refer the motion to the procedural Appeal Sheriff.

(3)

The procedural Appeal Sheriff is to determine—

(a)

a motion referred under paragraph (2);

(b)

an unopposed motion which seeks a final interlocutor,

in chambers without the appearance of parties, unless the procedural Appeal Sheriff otherwise determines.

Annotations

Textual amendments

F1

Rules revoked (with saving in rule 34.3) (6.1.2022) by Act of Sederunt (Sheriff Appeal Court Rules) 2021 (S.S.I. 2021/468), rules 1.1(2), 34.1 (with rules 1.2, 34.3)

Commencement

I1

Rule 12.7 in force at 1.1.2016, see rule 1.1(2)